BILL NUMBER: SB 279 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 21, 2013
INTRODUCED BY Senator Hancock
FEBRUARY 14, 2013
An act to amend Section 13109 66704.05
of the Election Government Code,
relating to ballots the San Francisco Bay
Restoration Authority .
LEGISLATIVE COUNSEL'S DIGEST
SB 279, as amended, Hancock. Elections: ballots.
San Francisco Bay Restoration Authority.
Existing law establishes the San Francisco Bay Restoration
Authority to raise and allocate resources for the restoration,
enhancement, protection, and enjoyment of wetlands and wildlife
habitat in the San Francisco Bay and along its shoreline. Existing
law authorizes the authority to levy a benefit assessment, special
tax, or property-related fee consistent with the California
Constitution, as specified. Existing law requires the board of
supervisors of each affected county, when the authority proposes a
measure to levy a benefit assessment, special tax, or
property-related fee for submission to the voters, to call a special
election on the measure and place the measure on the ballot of the
next regularly scheduled statewide election.
This bill would specify that a measure proposed by the authority
must be submitted to the voters of the authority in accordance with
the provisions of the Elections Code applicable to districts. This
bill would require the authority to file with the board of
supervisors of each affected county a resolution requesting
consolidation. This bill would require the legal counsel for the
authority to prepare, subject to review and revision by a specified
county counsel, an impartial analysis of the measure. This bill would
require the elections officials of those affected counties to
mutually agree to use the same letter designation for the measure and
would require the measure to appear on the ballot before all county,
city, and other local measures.
By imposing new duties or higher levels of service on local
elections officials, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law sets forth the order of precedence of offices and
measures on the ballot and, among other things, requires that the
office of Superintendent of Public Instruction always precedes any
school, city, or county office and that state ballot measures always
precede local ballot measures.
This bill would make technical, nonsubstantive changes to this
provision of law.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66704.05 of the
Government Code is amended to read:
66704.05. (a) When If the authority
proposes to levy a benefit assessment, special tax ,
or property-related fee pursuant to subdivision (a) of Section
66704, the board of supervisors of the county or counties in which
the special tax assessment, tax, or fee
is proposed to be levied shall call a special election on the
measure. The special election shall be consolidated with the next
regularly scheduled statewide election and the measure shall be
submitted to the voters in the appropriate counties, consistent with
the requirements of Article XIII C or XIII D of the California
Constitution, as applicable.
(b) The authority is a district for purposes of the Elections
Code. Except as otherwise provided in this section, a measure
proposed by the authority that requires voter approval shall be
submitted to the voters of the authority in accordance with the
provisions of the Elections Code applicable to districts.
(c) The authority shall file with the board of supervisors of each
county in which the measure shall appear on the ballot a resolution
of the authority requesting consolidation, and setting forth the
exact form of the ballot question, in accordance with Section 10403
of the Elections Code.
(d) The authority shall transmit a copy of the measure to the
legal counsel for the authority, who shall prepare, subject to review
and revision by the county counsel of the county that contains the
largest number of registered voters of the authority, an impartial
analysis of the measure in accordance with Section 9313 of the
Elections Code. If there is no legal counsel for the authority, the
authority shall transmit a copy of the measure to the county counsel
of the county that contains the largest number of registered voters
of the authority and the county counsel shall prepare the impartial
analysis.
(b) (e) Each county included in the measure shall use the
exact ballot question, title and summary,
impartial analysis, and ballot language provided
in the resolution of by the authority.
If two or more counties included in the measure are required to
prepare a translation of ballot materials into the same language
other than English, the county that contains the largest number of
registered voters shall prepare the translation and that translation
shall be used by the other county or counties, as applicable.
(f) Notwithstanding Section 13116 of the Elections Code, if a
measure proposed by the authority pursuant to this article is
submitted to the voters of the authority in two or more counties, the
elections officials of those counties shall mutually agree to use
the same letter designation for the measure and the measure shall
appear on the ballot before all county, city, and other local
measures.
(c) (g) The county clerk of each county shall report the
results of the special election to the authority.
(h) If a voter files a petition for a writ of mandate or an
injunction regarding a measure proposed by the authority, venue for
the proceeding shall be exclusively in the county that contains the
largest number of registered voters of the authority. SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 13109 of the Elections Code
is amended to read:
13109. The order of precedence of offices on the ballot shall be
as listed below for those offices and measures that apply to the
election for which this ballot is provided. Beginning in the column
to the left:
(a) Under the heading, PRESIDENT AND VICE PRESIDENT:
Nominees of the qualified political parties and independent
nominees for President and Vice President.
(b) Under the heading, PRESIDENT OF THE UNITED STATES:
(1) Names of the presidential candidates to whom the delegates are
pledged.
(2) Names of the chairpersons of unpledged delegations.
(c) Under the heading, STATE:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) Controller.
(5) Treasurer.
(6) Attorney General.
(7) Insurance Commissioner.
(8) Member, State Board of Equalization.
(d) Under the heading, UNITED STATES SENATOR:
Candidates or nominees to the United States Senate.
(e) Under the heading, UNITED STATES REPRESENTATIVE:
Candidates or nominees to the House of Representatives of the
United States.
(f) Under the heading, STATE SENATOR:
Candidates or nominees to the State Senate.
(g) Under the heading, MEMBER OF THE STATE ASSEMBLY:
Candidates or nominees to the Assembly.
(h) Under the heading, COUNTY COMMITTEE:
Members of the County Central Committee.
(i) Under the heading, JUDICIAL:
(1) Chief Justice of California.
(2) Associate Justice of the Supreme Court.
(3) Presiding Justice, Court of Appeal.
(4) Associate Justice, Court of Appeal.
(5) Judge of the Superior Court.
(6) Marshal.
(j) Under the heading, SCHOOL:
(1) Superintendent of Public Instruction.
(2) County Superintendent of Schools.
(3) County Board of Education Members.
(4) College District Governing Board Members.
(5) Unified District Governing Board Members.
(6) High School District Governing Board Members.
(7) Elementary District Governing Board Members.
(k) Under the heading, COUNTY:
(1) County Supervisor.
(2) Other offices in alphabetical order by the title of the
office.
( l ) Under the heading, CITY:
(1) Mayor.
(2) Member, City Council.
(3) Other offices in alphabetical order by the title of the
office.
(m) Under the heading, DISTRICT:
Directors or trustees for each district in alphabetical order
according to the name of the district.
(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the
appropriate heading from subdivisions (a) through (m), above, ballot
measures in the order, state through district shown above, and within
each jurisdiction, in the order prescribed by the official
certifying them for the ballot.
(o) In order to allow for the most efficient use of space on the
ballot in counties that use a voting system, as defined in Section
362, the county elections official may vary the order of subdivisions
(j), (k), ( l ), (m), and (n) and the order of offices
within these subdivisions. However, the office of Superintendent of
Public Instruction shall always precede a school, county, or city
office, and state measures shall always precede local measures.